ACCEPTED
03-15-00427-CV
7686357
THIRD COURT OF APPEALS
AUSTIN, TEXAS
11/4/2015 3:42:22 PM
JEFFREY D. KYLE
CLERK
No. 03-15-00427-CV
____________________________________________________
FILED IN
3rd COURT OF APPEALS
In the Court of Appeals AUSTIN, TEXAS
for the Third Judicial District 11/4/2015 3:42:22 PM
JEFFREY D. KYLE
Austin, Texas Clerk
____________________________________________________
GLENN HEGAR, COMPTROLLER OF PUBLIC ACCOUNTS
OF THE STATE OF TEXAS, AND
KEN PAXTON, ATTORNEY GENERAL OF THE STATE OF TEXAS,
Appellants,
v.
AUTOHAUS LP, LLP,
Appellee.
____________________________________________________
On Appeal from the 419th Judicial District Court
Travis County, Texas
____________________________________________________
UNOPPOSED MOTION FOR EXTENSION OF TIME
TO FILE APPELLANTS’ BRIEF
____________________________________________________
Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 36.8(d),
Appellants Glenn Hegar, Comptroller of Public Accounts of the State of Texas,
and Ken Paxton, Attorney General of the State of Texas (hereinafter collectively
“Appellants”), move to extend the time to file the appellants’ brief, by thirty (30)
days, from the current deadline of Wednesday, November 4, 2015, to a proposed
new deadline of Friday, December 4, 2015.
I.
Appellants have received no prior extensions of time to file their brief.
II.
The Appellants’ brief is currently due November 4, 2015. Appellants seek
an additional 30 days to file their brief, which would extend the deadline to
December 4, 2015.
III.
This extension is necessary because during the current 30-day period for
preparing appellant’s brief, appellant’s counsel has been responsible for:
(1) filing a plea to the jurisdiction in City of Austin v. Travis Central
Appraisal District, Glen Hegar, Comptroller of Public Accounts for
the State of Texas, et al., No. D-1-GN-15-003492, pending in the
126th Judicial District of Travis County, Texas;
(2) filing a corrected administrative record, notice of the same, and
responses to two motions for sanctions filed by the pro se plaintiff in
Chase Carmen Hunter v. David Mattax, in his Official Capacity as
Commissioner of Insurance for the State of Texas, and the Texas
Department of Insurance, No. D-1-GN-13-002576, pending in the
200th Judicial District of Travis County, Texas;
(3) filing responses to pro se appellant’s Emergency Motion for
Clarification of the Record and to appellant’s Objection to appellees’
response in Chase Carmen Hunter v. David Mattax, in his Official
Capacity as Commissioner of Insurance for the State of Texas, and the
Texas Department of Insurance, No. 03-14-00737-CV, pending in this
Court;
(4) assisting with the preparation of oral argument in In re Steven C.
Phillips, No. 14-0797, pending in the Texas Supreme Court (argued
by Lesli Ginn on November 3, 2015); and
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(5) preparing and filing the brief of Appellees Eleanor Kitzman, Julia
Rathgeber, and the Texas Department of Insurance, in Chase Carmen
Hunter v. Jay Bradford, Individually and in his Official Capacity as
Commissioner of Insurance for Arkansas, Eleanor Kitzman,
Individually and in her Official Capacity as Commissioner of
Insurance for Texas, Julia Rathgeber, Individually and in her Official
Capacity as Commissioner of Insurance for Texas, and the Texas
Department of Insurance, et al. in No. 15-1811, pending in the United
States Court of Appeals for the Eighth Circuit.
IV.
Appellee does not oppose this motion for extension of time.
CONCLUSION
For the foregoing reasons, Appellants Glenn Hegar, Comptroller of Public
Accounts for the State of Texas, and Ken Paxton, Attorney General for the State of
Texas, respectfully request that the Court grant this motion and extend the deadline
for filing Appellants’ brief to Friday, December 4, 2015.
Respectfully submitted,
KEN PAXTON
Attorney General of Texas
CHARLES E. ROY
First Assistant Attorney General
JAMES E. DAVIS
Deputy Attorney General for Civil Litigation
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LESLI G. GINN
Division Chief
Financial Litigation and Charitable Trusts Division
/s/ Cynthia A. Morales
CYNTHIA A. MORALES
Assistant Attorney General
Financial Litigation and Charitable Trusts Division
State Bar No. 14417420
P.O. Box 12548
Austin, Texas 78711-2548
Telephone: (512) 475-4470
Telecopier: (512) 477-2348
cynthia.morales@texasattorneygeneral.gov
Counsel for Appellants Glenn Hegar, Comptroller
of Public Accounts of the State of Texas, and Ken
Paxton, Attorney General of the State of Texas
CERTIFICATE OF CONFERENCE
I certify that I conferred with Counsel for Appellee, Alex Pilawski,
regarding the foregoing motion, and he advised that Appellee is not opposed to the
foregoing motion.
/s/ Cynthia A. Morales
Cynthia A. Morales, Assistant Attorney General
CERTIFICATE OF SERVICE
On November 4, 2015, this Unopposed Motion for Extension of Time to File
Appellants’ Brief was served via File & ServeXpress and/or email on:
David E. Colmenero/Alex Pilawski
MEADOWS, COLLIER, REED, COUSINS,
CROUCH & UNGERMAN, L.L.P.
dcolmenero@meadowscollier.com
/s/ Cynthia A. Morales
Cynthia A. Morales, Assistant Attorney General
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